Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States
The purpose of this article is to assess whether the withdrawal of the United Kingdom (UK) from the European Union (EU) may entail the revival of the early bilateral agreements between the UK and EU member states. The main claim is that the earlier bilateral agreements may be reinstated pursuant to...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2022-06-01
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| Series: | Utrecht Journal of International and European Law |
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| Online Access: | https://www.utrechtjournal.org/articles/567 |
| _version_ | 1818466192635985920 |
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| author | Tomáš Buchta |
| author_facet | Tomáš Buchta |
| author_sort | Tomáš Buchta |
| collection | DOAJ |
| description | The purpose of this article is to assess whether the withdrawal of the United Kingdom (UK) from the European Union (EU) may entail the revival of the early bilateral agreements between the UK and EU member states. The main claim is that the earlier bilateral agreements may be reinstated pursuant to international law, but the revival is substantially narrowed due to the limitations arising from EU law and the new EU – UK legal framework. This is based on the argument that the earlier bilateral agreements were not terminated or suspended in operation, and remain in force with limited application. After providing the outline of the new legal relations between the EU and the UK, the article analyses the framework provided for subsequent agreements in the Vienna Convention on the Law of Treaties and the case-law of international tribunals. The current analysis draws implications for a revival from EU Treaties and the case-law of the Court of Justice of the EU. Finally, general considerations are provided as applied to agreements in the two specific fields reviewed, namely aviation and coordination of social security. |
| first_indexed | 2024-04-13T20:55:58Z |
| format | Article |
| id | doaj.art-0621556a4a6f4f0c9f3f105ca3115e0b |
| institution | Directory Open Access Journal |
| issn | 2053-5341 |
| language | English |
| last_indexed | 2024-04-13T20:55:58Z |
| publishDate | 2022-06-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Utrecht Journal of International and European Law |
| spelling | doaj.art-0621556a4a6f4f0c9f3f105ca3115e0b2022-12-22T02:30:20ZengUbiquity PressUtrecht Journal of International and European Law2053-53412022-06-0137110.5334/ujiel.567185Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member StatesTomáš Buchta0Permanent Representation of Slovakia to the EU in BrusselsThe purpose of this article is to assess whether the withdrawal of the United Kingdom (UK) from the European Union (EU) may entail the revival of the early bilateral agreements between the UK and EU member states. The main claim is that the earlier bilateral agreements may be reinstated pursuant to international law, but the revival is substantially narrowed due to the limitations arising from EU law and the new EU – UK legal framework. This is based on the argument that the earlier bilateral agreements were not terminated or suspended in operation, and remain in force with limited application. After providing the outline of the new legal relations between the EU and the UK, the article analyses the framework provided for subsequent agreements in the Vienna Convention on the Law of Treaties and the case-law of international tribunals. The current analysis draws implications for a revival from EU Treaties and the case-law of the Court of Justice of the EU. Finally, general considerations are provided as applied to agreements in the two specific fields reviewed, namely aviation and coordination of social security.https://www.utrechtjournal.org/articles/567brexitthe eu-uk trade and cooperation agreementeu treatiesvienna convention on the law of treatiesterminationsuspensionparallel application and revival of international agreementsaviationcoordination of social security |
| spellingShingle | Tomáš Buchta Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States Utrecht Journal of International and European Law brexit the eu-uk trade and cooperation agreement eu treaties vienna convention on the law of treaties termination suspension parallel application and revival of international agreements aviation coordination of social security |
| title | Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States |
| title_full | Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States |
| title_fullStr | Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States |
| title_full_unstemmed | Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States |
| title_short | Revival or Eternal Death? The Impact of Brexit on Early Bilateral Agreements in the Area of Aviation and Social Security Between the UK and EU Member States |
| title_sort | revival or eternal death the impact of brexit on early bilateral agreements in the area of aviation and social security between the uk and eu member states |
| topic | brexit the eu-uk trade and cooperation agreement eu treaties vienna convention on the law of treaties termination suspension parallel application and revival of international agreements aviation coordination of social security |
| url | https://www.utrechtjournal.org/articles/567 |
| work_keys_str_mv | AT tomasbuchta revivaloreternaldeaththeimpactofbrexitonearlybilateralagreementsintheareaofaviationandsocialsecuritybetweentheukandeumemberstates |